Green Cards Through National Interest Waivers

ACUPUNCTURIST

Acupuncturist
An acupuncturist is a practitioner of a discipline that INS and the AAO (formerly AAU) have shown considerable ambivalence towards recognizing as a profession. Petitioner possesses a US Master's degree from a proprietary acupuncture school, a license to practice acupuncture, and merely three years of combined experience as an acupuncturist and acupuncture instructor. Petitioner's prospective benefit to the United States is predicated on her specialized advanced training and experience in the use of acupuncture to support conventional, Western-style detox programs for alcohol-and drug-dependent clients. She provided letters from Congressional, state, and tribal leaders documenting her past, continuing, and prospective contributions to a pueblo-based chemical-detoxification treatment program.

AIDS RESEARCHER

AIDS Researcher
Supporting Documentation: Degree in Micro-biology; Medical degree. Evidence of experience as practicing physician; Published article on stopping AIDS virus in its tracks; Letter from university describing research activities during the recent three years; 1) BA in finance and 6 years experience in banking; 2) Letter from bank president confirming role in non-English speaking market; 3) Newspaper articles re sluggish California economy; re tough times for banking industry; 4) Newspaper and professional publications re size of Spanish speaking community; re growing need for financial advice; re shortage of bi-lingual financial advisers. National Interest Argument: Medicine/Public Health; Economy

AIDS Researcher
The alien holds an M.D. degree from the University of Bombay. She is engaged in pulmonary medical research, particularly in the area of AIDS related pulmonary diseases. Her American employer is a major hospital center in the South Bronx, affiliated with a leading medical college. The medical center is a designated New York State AIDS treatment center, and also is the beneficiary of a $3.7 million Federal grant to conduct community clinical research studies into AIDS related diseases.

The beneficiary has been involved in medical teaching and research for over 12 years and has published 12 articles in professional journals on various pulmonary research studies and has also presented over 15 papers at scientific conferences. She as participated in the presentation of two papers related to tuberculosis in HIV positive patients based on her clinical research work at the hospital center. One of the physicians she works with at the hospital center is a leading authority on AIDS and is a board member of AIDS, an international medical journal publishing research in the area. This colleague confirmed the importance of the beneficiary's clinical research and cited especially her creative development of a new test using an index of medical values to diagnose a particular pneumonia in AIDS patients.

Despite this background, the Immigration & Naturalization Service originally refused to grant the national interest waiver on the ground that the beneficiary had not, herself, received sufficient recognition in the field of AIDS research. The Service apparently discounted the statement of her colleagues as self- serving. Upon our motion to reopen, we provided a further letter from the Bureau of Tuberculosis Control of New York City, attesting to the importance of the beneficiary's work and we re- emphasized the expertise of the beneficiary's colleagues and the fact that they could not be considered to be narrowly self- interested in that none of the people providing references had any economic interest in the beneficiary's becoming a legal resident.

We also pointed out that the beneficiary's work was in the area of clinical research, leading to methods to treat and control AIDS related diseases in the community and that this is critical work even though it is not the type of fundamental research which leads to widespread recognition. The waiver request was granted upon our motion to reopen.

AIDS/Research Assistant
The beneficiary, a Senior Post-doctoral Research Assistant, performs research on the extracts of medicinal plants for their activity against the AIDS virus. He and his research group purify the plants' active constituents, identify them by chemical structure, synthesize analogs to improve their properties wherever necessary, and evaluate them biologically for their potential in the treatment of humans. In addition, he is also working on therapy for more ordinary infections, such as tuberculosis, which AIDS sufferers and the general population are increasingly contracting. He also performs research on the isolation and purification of Taxol and its analogues, the latest hope for a cure for cancer. The argument made by the petitioner in support of the national interest waiver was based on improving health care and the U.S. economy. The petitioner provided news and scientific articles regarding the beneficiary's research; his educational qualifications; evidence of a National Institute of Health grant for his research; proof of his appointment as a Kansas Health Foundation Scholar in Cancer Research; his scientific publications; and strong letters of recommendation. In addition, the petitioner also cited the recent approvals of three other national interest petitions in cancer and AIDS research.

AIDS/Pharmaceutical Researcher
Petitioner is a private pharmaceutical company which is involved in the development and research of high-level drugs.

Our argument in support of "national interest" was based upon improving health care in the United States.

In view of the work of the beneficiary in diabetes and AIDS research, it was believed that his continued employment for the petitioner would be in the best interest of the United States and satisfy the national interest requirements necessary to obtain the waiver of the labor certification.

This would seem to be true, especially in light of the current healthcare debate, where the Government has placed special emphasis in improving the healthcare field.

Documentation was submitted in support of this petition from various scientists employed by petitioner, as well as from the U.S. Department of Health & Human Services regarding the new drug application in which the beneficiary is currently involved and the need for his continued employment.

Additional supporting documentation included letters and articles by various AIDS and diabetic support agencies, noting the research being conducted by the petitioner.

ANTHROPOLOGIST

Anthropologist/Professor
Professor X self-petitioned for an immigrant visa in the "professionals with advanced degree" preference category (EB-2) requesting a national interest waiver of the job requirement. Professor X is a well-known anthropologist and teacher in Peru and Bolivia, where he has established an expertise in the Upper Huallaga Valley region of Eastern Peru. The Upper Huallaga Valley encompasses the largest tropical rain forest and the largest cocaine-producing region in the world.

Professor X accumulated approximately ten years of professional experience in South America before coming to the United States to pursue his Ph.D at SUNY-Binghamton. In South America, Professor X consulted for many USAID and United Nations-sponsored projects. Professor X doctoral research is funded in part by the Ford Foundation and the Inter- American Foundation. We argued that Professor X's work is in the national interest because the formulation of drug supply control policy in the United States relies upon Professor X's work. We voluminously documented Professor X's ample editorial and publishing experience, his consultation projects with U.S. government agencies and U.S.- sponsored NGO's, his testimony before Congress in 1990 and his 13 letters of support from academics at collegial institutions in the United States.

Procedural History of the Case
On April 19, 1993, we submitted the I-140 petition, letters and documents. The entire package stands approximately four to five inches high, and constitutes countless pages. On May 12, 1993, the Eastern Service Center responded, stating that we had not demonstrated that Professor X's work would prospectively benefit the United States as he was "still pursuing his doctorate. There is no showing that his services would be used. It is noted that no U.S. government agency is using his services currently," and that his congressional testimony occurred more than three years ago.

On June 30, 1993, we responded to the inquiry notice with a much shorter letter and attachments summarizing some of the prior submitted materials and also arguing that a prospective test is unwarranted. First, we argued the past is a prelude to the future and that Professor X's past accomplishments should be a primary measure of his future contributions to the United States.

Second, summarizing previously submitted material, we argued that there was no decrease in Professor X's professional achievements, documenting in particular his achievement in 1993, and thereby arguing that the INS had unfairly categorized Professor Bedoya as having achieved a one-time accomplishment when he testified in Congress.

Third, we argued that completion of a Ph.D degree is irrelevant to the national interest criteria. In support of this argument, we cited recent AAU national interest waivers granted to aliens who do no hold Ph.D's. In this section, we also argued that Professor X's work related to all the criteria raised in the Mississippi Phosphate case.

Fourth, we argued that a national interest waiver candidate's promise to work in his field in the United States was no less a guarantee of prospective benefit to the United States than an "employer letter" or approved labor certification constitutes an enforceable promise to work in the United States,

Finally, we submitted five letters from colleagues at academic institutes funded in whole or part by the United States government and proof that Professor X's work was currently being used by U.S. government agencies. Whereas most of these persons had previously submitted letters regarding Professor X's academic accomplishments, this round of letters focused on the connection between U.S. government funds, the institute's work, and Professor X's scholarship.

ARTIST

Artist
The Eastern Service Center approved a national interest petition for an artist in Snowmass, CO. The beneficiary is an artist whose work with art and computers offers new ways of creating and disseminating art. National interest arguments included contributions to the cultural interest of the U.S. in Europe and South America, building cross cultural bridges, improving U.S. education and youth programs and improving our environmental consciousness and economy by making our art work more accessible and more valuable to European and South American artists and art institutions.

Supporting documentation included the following: letters submitted by national and international scholars, letter of support from the Editor of the top arts and cultural newspaper in the beneficiary’s home country, and examples of articles on the beneficiary, exhibitions of his work and programs where he has actively participated.

Artist
The Vermont Service Center recently approved a national interest waiver in the EB-2 category for an artist with exceptional abilities.

The applicant - a Ghanaian sculptor, drum maker, dancer and musician, sough a national interest waiver because due to the nature of his work (i.e. artist-in-residency program, and workshops at non-profit arts centers) which necessarily involves numerous employers. It was not practical for the applicant to seek immigrant visa status through one employer.

Documentation of national interest primarily consisted of evidence showing that the applicant’s continuing presence in the United States would substantially improve education and training programs for U.S. children. Counsel submitted letters from numerous public school principals and art educators testifying that the applicant’s contributions have been instrumental in the development of an Arts in Education curriculum addressing culturally diverse communities. Counsel also submitted documentation establishing the applicant’s membership in a non-profit educational and cultural collaborative that works with children referred to the group by local social service agencies.

Evidence submitted included the applicant’s diploma, letters of recommendation from leaders of Ghanaian and U.S. art organizations, letters from public school principals, arts educators, artists, photographs of the artist’s sculptures and newspaper articles, and newspaper articles concerning the artist’s activities.

Artist
Two I-140 petitions were simultaneously filed in the EB-1 extraordinary and the EB-2 exceptional and/or alien with an advanced degree categories at the NSC on June 20, 1995 for a Russian animal art sculptor who received a Master of Fine Arts Degree from St. Petersburg Academy of Art in 1982. A request for additional information to support the EB-1 petition was issued August 10, 1995 which noted that "The evidence submitted establishes that you are a talented artist; however, it does not establish extraordinary ability and sustained international acclaim...You must submit additional evidence which clearly demonstrates that you have sustained national or international acclaim and that your achievements have been recognized as extraordinary by others in the field." The request then elaborated the list of suggested documents and directed as to each point on the list that the significance of the document, membership, etc. must also be documented.

On August 25, 1995 the NSC approved the EB-2 petition as a member of the professional holding an advanced degree and approved the national interest waiver. Evidence submitted with both petitions included the degree, photos of the artist's work brochures reflecting exhibitions in Russia, U.S., Canada and at Christie's in London, letters in support from artists and from the Society of Animal Artists, juried membership in the Society of Animal Artists and the USSR Artists Union, and letters from admirers. The national interest argument was based upon the first the artist's style is unique, and that animal art is in the national interest in that appreciation of animal art assists in the recognition of humankind's role in the natural world as is recognized by public and private institutions such as the Smithsonian and National Geographic magazine.

Graphic Artist
The Vermont Service Center approved on resubmittal the petition of an Iranian graphic artist with a Bachelor's degree from Iran, two years of commercial graphics experience in Iran, and a not-yet-completed US Master's degree. His initial EB-2 petition, which had been filed by another attorney's office, included testimonial letters from six gallery owners in the US, Great Britain, and Iran, enthusiastically describing him as a truly outstanding, world-class artist, but apparently not addressing the prospective benefit to the United States of this artist's exceptional talent. Our resubmittal included statements from five professors of fine arts and/or Middle Eastern studies (one of whom is a former UN ambassador from Iran), and the director of the foremost fine arts gallery in Iran, addressing the national interest value of this multicultural artist's talent. The letters described his remarkable ability to combine the best of Persian calligraphic, classical, and geometric art traditions with the most up-to-date Western computer technology and postmodern design values, and emphasized how his extraordinary talents cast him in a leadership role as a visual artist and cultural ambassador helping to heal painful rift between the United States and Iran.

Self-Employed Artist
The petitioner/beneficiary, a Russian national, was a renowned painter who had formerly been the official artist of the Bolshoi Ballet. He had also been a teacher and administrator with a Start art institute in Moscow. He had received many awards and citations for his artistic and teaching contributions, and his works had been included in several published texts. He had exhibited in numerous communist countries, and favorable reviews of his exhibits had been published in Polish, East German and Russian newspapers and art magazines. As evidence of the petitioner's extraordinary ability, documentation regarding his exhibitions in Russia and other communist countries was submitted. Additionally, evidence of his growing popularity in America was provided, such as letters from galleries, which exhibited and sold his works, letters from art collectors who had purchased his works, and evidence that his paintings carried a value which was consistent with extraordinary ability. Evidence that he was continuing a productive career in America was also submitted, which consisted of letters, containing details of upcoming exhibits and commissions. In terms of eligibility for the National Interest Waiver, counsel argued that the petitioner's proposed work in the United States as an artist and teacher will contribute to the cultural interest of the U.S., as demonstrated by his active involvement with artistic organizations in the United States.

ATTORNEY

General Counsel
The alien is the general counsel of the primary subsidiary of a large Japanese manufacturing corporation. The company has subsidiaries throughout the United States which employ approximately 3000 workers. The general counsel oversees legal issues and regulatory compliance for all related subsidiaries in the U.S.

The petition and supporting documentation demonstrated that the alien: (1) improves the environment of the U.S. through proactive environmental compliance programs and her oversight of key environmental litigation; (2) improves the workplace conditions of U.S. workers through company-wide sexual harassment training programs; (3) benefits the economy of the U.S. by improving the profitability of the company, by reducing the legal expenses of outside counsel; (4) benefits local communities through internship programs and community involvement on behalf of the company; and (5) benefits the national security through management of the company's export control compliance programs for dual-use technology.

Supporting documents included letters from the presidents of two related companies, letters from outside attorneys and human resources personnel, and a letter from a California state agency, among others.

BUDGET ANALYST

Budget Analyst
Petitioner/Beneficiary, is employed as a Budget Analyst in an accounting firm which has been awarded a contract at NASA. She was assigned to work at the Management Resources Office at Ames Research Center of NASA. The beneficiary was involved in designing, creating and improving the systems for the budget and accounting systems through the use of sophisticated computer software. Petitioner argued that her work has helped and will help the Ames Research Center to improve technology in its accounting and budget systems, resulting in better control of the entire budget process. The improved systems will also save costs for the U.S. Government by reduction of the costs of labor required in the manual accounting and budget process. The petitioner submitted a letter from the Comptroller of Ames Research Center supporting her petition on the ground that with petitioner's contribution, the improvement of budget and accounting systems in NASA will improve the U.S. economy because of the significant roles performed by NASA and that petitioner will contribute to the U.S. with her skills and knowledge in computer and accounting. Petitioner also submitted a letter from her employer, a letter signed by 14 personnel at the Resource Management Office, a letter from her employer certifying over 5 years of progressive work experience, a copy of Group Achievement Award conferred by NASA, Letters of Nomination for Ames Honor Awards and a copy of the projects which the petitioner participated in. The petitioner has a Bachelor of Business Administrative Degree and is a candidate for a Degree in Master in Business Administration.

BUSINESS

Research and Development Manager
Petitioner, a food chemist who had been working at an oriental noodle manufacturer for less than one year since she'd received her Ph.D., had submitted a pro se EB-2 petition. The Vermont Service Center had asked for additional evidence that her work would prospectively benefit the United States as a whole, and not just the noodle company that employed her. The resubmittal included letters from US Department of Agriculture grain researchers, several state-level wheat-marketing boards, and the manager of a national grain-utilization database, discussing the significance of the petitioner's contributions to development of novel strains of North American wheat suitable for specialized use in oriental style noodles, which are historically made with imported Chinese and Australian grain.

Businessman
On certification, the AAU affirmed the decision of the Center Director holding that the beneficiary was entitled to 203(b)(2) classification as an alien of exceptional ability in business with a waiver of job offer in the national interest. The decision noted that neither the statute nor regulations nor legislative history provide a specific definition of "national interest" and that although the standard must be flexible, the showing necessary must be significantly above that necessary to prove "prospective national benefit."

The decision indicated that factors that could be considered as national interest in the exceptional ability in business area might include: improving the economy; improving wages and working conditions; improving education and training programs; improving health care; providing more affordable housing; improving the environment; or a request from an interested U.S. Government Agency.

The evidence submitted by petitioner included letters from current and former government officials and business leaders which established many of the above suggested criteria. Hence the decision of the Center Director was affirmed and the petition approved.